2529 



PUBLIC SCHOOL LAW 



-OF- 



NORTH CAROLINA. 

CHAPTER 15 OF THE CODE, AS AMENDED BY LAWS OF 
1885, 1889, 1891, 1893, 1895, 1897, AND OTHER STATUTES. 



ISSUED IN PURSUXNCK OF LAW 
BY THE 

Superintendent of Public Instruction. 



WINSTON : 
M. I. »& J. C. Stewart, Public Printers and Binders. 

1897. 





Book 'Jl^SS— 



PUBLIC SCHOOL LAW 



-OF- 



NORTH CAROLlNA.Xi^^v.A 



CHAPTER 15 OF THE CODE, AS AMENDED BY LAWS^OF 

1885, 1889, 1891, 1893, 1895, 1897, AND OTHER STATUTES. 



ISSUED IN PURSUANCE OF LAW 
BY THE 

Superintendent of Public Instruction. 



WINSTON : 
M. I. & J. C. STEWART, Public Printers and Binders. 

1897. 



i'. 



In Exchange 
Univ. of North Carolina 
MAR ^ 5 1»35 



PREFACE, 



Chapter 15 of The Code contained the public school law 
in full. Since its enactment the changes are those made 
by the Assemblies of 1885, 1889, 1891, 1893, 1895, and 1897. 
So far as these changes are amendments to the Sections of 
The Code^ they are embodied in Sections of the same num- 
bers in this edition of the school law. Other changes will 
be found in this pamphlet under the appropriate headings. 

Special attention is called to the Local Taxation feature 
of the present school law embodied in Sections 2654 and 
2655. 

Attention is also called to the fact that under this law 
the township is regarded as the unit of our school system. 

For convenience of reference, the explanations and 
instructions of the State Superintendent of Public Instruc- 
tion are placed in the form of foot notes on the same pages 
containing the corresponding sections of the law. Copies of 
this pamphlet will be furnished to all the school officers. 
On going out of office, they will deliver them and all books 
and blanks to their successors. 

C. H. MEBANE, 
SiijJt. Pub. Inat. 

Kaleigh, N. C, April 1st, 1897. 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



FROM THE CODE, AS AMENDED BY LAWS OF 1885, 1889, 189L 
1893, 1895, AND 1897, WITH NOTES AND INSTRUC- 
TIONS BY THE SUPERINTENDENT OF 
PUBLIC INSTRUCTION. 



Sec. 2535. Apportionment of school fund. 

The state board of education sjiall, on the first Monday 
in Angust of each and every year, apportion among the 
several counties of the state all the school funds which 
may be then in the treasury of the said board, and order 
a warrant for the full apportionment to each county, which 
said apportionment shall be made on the basis of the 
school population. 

Sec. 253G. Auditor to lieep separate account of public scliool 
fund. 

The state auditor shall keep a separate and distinct 
account of the public school funds, and of the interest and 
income thereof, and also of such moneys as may be raised 
by state, county and capitation tax, or otherwise, for 
school purposes. 

Sec. 2537. When and how warrant issued for school fund due 
any county. 

Upon the receipt of the requisition of the treasurer of 
any county, duly approved by the chairman and secretary 
of the county board of education, for the school fund which 
may have been apportioned to said county, the state board 



6 



of education shall issue its vrarrant on the state auditor for 

the sum due said county ; whereupon the said auditor shall 

draw his warrant on the treasurer of the state board of 

education in favor of such county treasurer for the amount 

set forth in the warrant of the said state board. 

Sec. 2538. State treasurer to hold school funds as a special 
deposit ; when and how paid out? 

The state treasurer shall receive find hold as a special 
de])osit all school funds paid into the treasury, and pay 
thein out only on the warrant of the state auditor, issued 
on the order of the state board of education in favor of a 
county treasurer, duly endorsed by the county treasurer 
in whose favor it is drawn, and it shall be the only valid 
voucher in the hands of the state treasurer for the disburse- 
ment of school funds. 

Sec. 2530. (Repeated by Act of 1805. The following enacted 
instead.) County boards of education to adopt text bojoks. 

That the county boards of education in the several coun- 
ties of the state shall adopt a series of text books which 
shall be used in the public schools of their respective coun- 
ties, for a term of three years ; the said adoption herein 
provided for shall occur at the meeting of said boards of 
education, on the first Monday in June, one thousand eight 
hundred and ninety-six (1896) and every three years there- 
after, and at no other time. Provided^ that no sectarian or 
political book shall be used in the public schools. Pro- 
vided furtJier^ that the prices of public school books adopted 
be fixed by the said county boards of education, for the 
whole term for which they shall be used, and that the list 
of the books so adopted, and the prices of the same, shall 
be recorded upon the minutes of the said county boards 
of education for the inspection of the public. 
Sec. 2540. Duties of superintendent of public instruction. 

The superintendent of public instruction shall have the 
school laws published in pamphlet form and distributed on 



or before the first day of April of each year ; shall iiave 
printed all the forms necessary and proper for the purposes 
of this chapter, and shall look after the school interest of 
the state, and report biennially to the governor, at least five 
days previous to each regular session of the general assem- 
bly, which report shall give information and statistics of 
the public schools, and recommend such improvement in the 
school law as may occur to him. He shall keep his office 
at the seat of government, and shall sign all requisitions on 
the auditor for the payment of money out of the state 
treasury for school purposes. Copies of his acts and decis- 
ions, and of all papers kept in his ofiice and authenticated 
by his signature and ofiicial seal, shall be of the same force 
and validity as the original. He shall be furnished with 
such room, fuel and stationery as shall be necessary for the 
efficient discharge of the duties of his office. 

Sec. 2541. Duty of superintendent to direct operations of system 
of public schools, etc. 

The superintendent of public instruction shall direct the 
operations of the system of public schools and enforce the 
laws and regulations in relation thereto. It shall be his 
duty to correspond with leading educators iu other states, 
and to investigate the systems of public schools established 
in other states, and, as far as practicable, render the results 
of educational efiorts and experiences available for the infor- 
mation and aid of the legislature and state board of educa- 
tion. 

Sec. 2542. (As amended by tlie laws of 1SS5 and 188J).) Duty of 
superintendent to learn and supply educational wants, etc.; 
expenses allowed. 

It shall be the duty of the superintendent of ])ublic 
instruction 'to acquaint himself with the peculiar educa- 
tional wants of the several sections of tlie state, and he sliall 
take all proper means to supply said wants, by counciling 
with county boards of education and county superinten- 



dents, by lectures before teachers' institutes, and by 

addresses to public assemblies on subjects relating to public 

schools and public school work, and he shall be allowed for 

traveling expenses and for additional clerical assistance 

^ve hundred dollars per annum. 

Sec. 2543. Funds appropriated for estal)lisliiiig aud maintaining 
system of free schools to be paid into state treasury. 

The proceeds of all lands that have been or may hereafter 
be granted by the United States to this state, and not other- 
wise appropriated by this state or the United States, also 
all moneys, stocks, bonds and any other property now 
belonging to any state fund, for the purposes of education, 
also the net proceeds of sales of swamp lands belonging to 
the state, and all other grants, gifts or devises that have 
been made or hereafter may be made to this state, and not 
otherwise appropriated by this state or by the terms of the 
grant, gift or devise, shall be paid into the state treasury, 
and, together with so much of the ordinary revenue of the 
state as may be set apart for that purpc^se, shall be faith- 
fully appropriated foi establishing and maintaining a sys- 
tem of free public schools, as established in pursuance of 
the constitution. 

Sec. 2544. (As amended by chapter 11)9, Laws of 1889.) Funds so 
appropriated to be paid into county school fund. 

All moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from sales of 
estrays, also the clear proceeds of all penalties and forfeit- 
ures, and of all fines collected in the several countiesfor 
any breach of the ])enal or military laws of the state: and 
all moneys which shall be paid by persons as equivalent for 
exemption from military duties; also the net i)roceeds of 
any tax iniposed on licenses to retailers of wines, cordials 
or spirituous li<|Uors and to auctioneers, shall belong to and 
remain in the several counties, and shall be faithfully 
a])pro])riated for establishing and main'taining free public 



schools in several counties as established in pursuance 
of the constitution : Provided^ the amount collected in 
each county shall be reported annually to the State Super- 
intendent of Public Instruction. The solicitors of the 
several judicial districts, criminal and inferior courts, 
shall prosecute all penalties and forfeited recognizances 
entered in their courts respectively, and as compensation 
for their services shall receive a sum to be fixed by the 
court, not less than five per centum of the amount col- 
lected upon such penalty or forfeited recognizance for the 
collection of which execution was found to be necessary. 

Note.— Special attention is called to Sections 724, 725, 726, 727, 
728, 764, 906 and 3678 of The Code. Treasurers and county com- 
missioners will use all proper means to see that the full amount of 
fines, forfeitures and penalties and the liquor tax due shall go to 
the school fund. Their attention is also directed to the constitu_ 
tion ; article 1), section 5, and to Revenue Act of 1805, sections 44 
and 45, as follows : 

"Section 44. Whenever any officer, including justices of the 
peace, receives or collects a fine, penalty or forfeiture in behalf of 
the state, or any tax imposed on licenses to retailers of wines, 
cordials, malt or spirituous liquors, and auctioneers, he shall, 
within thirty days after such reception or collection, pay over and 
account for the same to the treasurer of the county board of 
education for the benefit of the fund for common schools in such 
county. 

"'' Section 45. Any officer, including justices of the peace, con- 
victed of violating the preceding section, or of appropriating to 
his own use the state, county, school, city or town taxes, shall be 
guilty of embezzlement, and may be punished not exceeding five 
years in the state prison, at the discretion of the court." 

A large amount of school money is derived from fines, forfeitures 
and penalties, and from taxes on licenses for the sale of liquors. 
I am satisfied that a still larger amount may be obtained from 
these sources by a strict enforcement of the law. See Section ;>o. 
Revenue Act of 1895. 

All forfeited recognizances belong to the school fund, and school 
officers should see that they are collected. 

Section' 1225 of The Code makes it the duty of the solicitor, 
under the direction of the court, to prosecute to collection any 
•forfeited recognizance under a peace warrant. The last part of 



10 



section 2544 is an amendment by Acts of 1889, and provides- 
specially for the prosecution of forfeitures. 

Sec. 2545. (As ameiuled by La^vs of ISO 7.) County board of 
education. 

The board of county commissioners, together with the 

clerk of the Superior Court and the register of deeds of 

each connty, shall on the first Monday in June, 1897, and 

triennially thereafter, elect three men of their county, of 

good business qualifications and known to be in favor of 

public education, who shall constitute a county board of 

education, wliicli board shall enter upon the duties of their 

office on the first Monday in July following their election, 

and shall assume all the powers and duties which the 

county commissioners now have regarding the public 

school matters of the county. 

Sec. 2546. (As amended by the Laws of 18S5 and 18S9.) Duties 
of county board of education. 

The county commissioners, county board of education,^ 
shall be charged with the general management of the 
public schools in their respective counties, shall decide all 
controversies and questions relating to the boundaries of 
school districts and to the location of school- houses, or 
which may arise upon the construction of the school law, 
and siiall see that the scliool law 4S enforced ; and shall 
have power and authority and it shall be their duty to 
institute and prosecute any and all a(;tions, suits of 
proceedings against any and all officers, persons or cor- 
porations, and their sureties for the recovery, preser- 
vation and application of all moneys or property which 
may be due to or should be applied to the support 
and maintenance of the schools, and the county commis- 
sioners shall obey the instructions of the state superintend- 
ent and accept his construction of the school law. 



Note.— The language of this section gives to county* boards of 
education a Avide range of powers and duties. It is earnestly 
urged that they be so exercised as to accomplish the greatest good 



11 



to the school system possible. In the settlement of the " questions 
and controversies ■' mentioned in this section, there is room for the 
exercise of the highest wisdom, that the interest of the public 
schools may not suffer by reason of neighborhood quarrels, which 
always result in harm to all public interests*, especially to those of 
the schools. 

Sec. 2547. (As amended by the Laws 1895.) Books of county 
treasurer examined. 

At each regular meeting it sliall be the duty of the 
board (of education) to examine the books and vouchers 
of the county treasurer and to audit his accounts. 
Sec. 2548. (As amended by act of 189 7.) 

The county board of education of each county, together 
with the clerk of the Superior Court and the register of 
deeds, shall on the first Monday in July, 1897, and biennially 
thereafter, elect a county supervisor of schools, who shall 
be a practical school teacher at the time of his election, or 
has at least one year's experience in teaching school, and 
who shall be of good moral character and liberal educa- 
tion, and shall hold his office for a term of two years from 
the date of his election, and until his successor is elected 
and qualified. 
Sec. 2549. School districts. (As amended by Laws 1897.) 

The county board of education of each county on the 

first Monday in July, 1897, shall divide their county into- 

as many school districts as there are townships in said 

county. They shall designate the districts by number, asr 

school district number one, school district number two, in 

the county of... 

Sec. 2550. Convenience of residents to be consulted in location 
of school houses; separate schools for the two races. 

The school committee shall establish and locate in their 
district schools for the white race and schools for the col- 
ored race, and in so doing shall consult the convenience of 
the white children in locating the schools for the whites 
and the convenience of the colored children in locating the 



12 



schools for the colored : Provided^ however^ that there 
shall not be established in any school district a greater 
number of schools for either race than will give each 
school an av^erage of fewer than sixty-live pupils. 

Sec. 2551. (As ameuded by Laws of 1889.) County board of edu- 
cation to apportion county school fund among districts ; 
sums so apportioned subject to order of school committees. 

The county board of education, together with the county 
supervisor, shall, on the first Monday in January each 
year, apportion the school fund of the county to the vari- 
ous school districts in said county, per capita, which appor- 
tionment shall be divided and reapportioned by the school 
committee to the various schools for the whites and colored 
of their district in the manner hereinafter provided : Pro- 
vided^ that the county board of education, before appor- 
tioning the school fund to the various school districts, 
shall reserve as a contingent fund an amount sufficient to 
pay the salary of the county supervisor and per diem and 
expenses of the county board of education. 

As soon as the apportionment is made, the county board 
of education shall post a statement at the court house 
door, showing the amount apportioned to the several dis- 
tricts (townships) of the county, and they shall also notify 
each committee of the amount apportioned to their district 
(tow^nship). Tlie board shall also furnish the treasurer of 
the county board of education a statement of the amounts 
apportioned to the several districts and schools. 

Sec. 2552. Basis of annual apportionment of public school 
moneys. 

The annual apportionment of public school. moneys shall 

be l)ased upon the amounts actually received by the county 

treasurer from all sources, and reported by him to the. 

county board of education as required by this chapter. 

But a sufficient amount of money shall be left unappor- 



13 



tioned to pay the general school expenses of the county 
authorized by this chapter. 



Note. — The general expenses authorized are : pay of treas- 
urer's commissions, mileage and per diem of county Board of 
Education on regular days in June, July, September and January, 
postage and stationery for clerk of commissioners in educational 
work. See section 39, Laws 1889. 

Sec. 2553. (As amended by Laws of 1885 and 1880, and chapter 
483, Laws of 1803.) School committee ; their dnties ; vacan- 
cies, etc. 

The county board of education of each county on the 
first Monday in July, 1897, shall on the said first Monday 
in July, 1897, and biennially thereafter, elect in each of 
said school districts five intelligent men of good business 
qualifications, who are known to be in favor of public edu- 
cation, who shall serve for two years from the date of their 
appointment, as school committeemen in said district, 
and until their successors are elected and qualified. If a 
vacancy should at any time occur in said committee by 
death, removal or resignation, it shall be the duty of the 
county board of education to appoint a suitable person in 
said district to fill said vacancy until his successor is elect- 
ed 'and qualified: Provided^ however, th^t not more than 
three members of the said school committee shall belong 
to the same political party : Provided, that all orders by 
committees for money, and all contracts made by them in 
writing, shall be signed in the legible handwriting of 
the committeemen purporting to sign such orders or con- 
tracts, or in case any committeeman cannot write his 
name, his signature by making his mark shall be witnessed 
by at least one disinterested witness in his own proper 
handwriting. 

Sec. 2554. County treasurer to receive and disburse school fund; 
his bond ; misdemeanor, etc. 

The county treasurer of each county shalhreceive and dis- 



14 



burse all public school funds; but before entering upon 
the duties of his office, he shall execute a justified treas- 
urer's bond, with security in double the amount of all pub- 
lic school moneys received by him or by his predecessors 
during the previous year, conditioned for the faithful per- 
formance of his duties as treasurer of the county board of 
education, and for the payment' over to his successor in 
office of any balance of school moneys that may be in his 
hands unexpended, and the county board of education 
may, from time to time, if necessary, require him to 
strengthen said bond, and in default thereof the members 
of the county board of education shall be guilty of a mis- 
demeanor; and for any breach of said bo^id action shall 
be brought by the county board of education. 



Note. — The bond is to be taken and approved by the board of 
education. See section 4, chax)ter 199, Laws of 1889. 

Sec. 2555. (As amended by Laws of 1889 and 1897.) Orders, how 
issued upon treasurer of county board of education; pro- 
Yiso ; payments for building- or repairing school houses. 

x\ll orders for the payment of teachers' salaries, for 
building, repairs, school furnishings, or for the payment of 
money for any purpose whatsoever, before it shall be a 
valid voucher in the hand of the county treasurer shall 
be signed first by at least three members of tiie committee, 
then by the county supervisor, who shall place his seal 
upon it : Provided^ however^ that no order shall be signed 
by the county supervisor for more money than is to the 
credit of that district for the fiscal year : Provided^ 
the said treasurer shall not pay any school money for 
building or repairing any school-liouse unless the sit« 
on which it is located has been donated to or pur- 
chased by the school committee of the district in which 
said house is located, and a deed for the same regularly 
executed and delivered to said committee and their sue- 



15 



-cessors in office, probated, registered in the office of regis- 
ter of deeds for the county, and delivered to the treasurer 
of the county board of education, to be by him safely 
deposited with his valuable official papers, and surrendered 
to his successor in office, and for default he shall be liable 
on his official bond for any sum thus illegally paid. 



Note. — Treasurers will note that this section requires all orders 
^iven by eommitteeinen, whether for teachers' salaries or for 
other claims against district funds, to be countersigned by the 
county supervisor, who shall place his seal upon it. 

Section 2584 requires all deeds to be delivered to the county 
commissioners. 

Sec. 255(>. Duties of treasurer of county board of education. 

It shall be the duty of the treasurer of the county board 
of education to keep a book in which he shall open an 
account with each public school district (township) in the 
county, showing the»amount apportioned to said district 
(township), distinguishing the moneys due to the white and 
the colored districts, the date of all payments of school 
moneys, the name of the person to whom paid and the 
several amounts. 

He shall balance the accounts of each district annually 
on the thirtieth day of June in each and every year, and 
shall report by letter or printed circular, within ten days 
after each apportionment, to each school committee the 
amount apportioned to the respective districts for the year, 
together with the balance which may be due any of the 
said districts from the preceding year. 

Sec. 2557. Treasurer to furnish blank deeds to school commit- 
tees; form of deed; when land to revert. 

It shall be the duty of the treasurer of the county board 

of education 10 furnish school committeemen with blank 

deeds for school house sites. If a school-house site has 

been purchased, an ordinary fee-simple deed shall be exe- 



16 

cuted. If a site has been donated, the donor may provide 
in the deed of gift that the title to the site, but not to the 
improvements, shall revert to him or his heirs in case the 
same shall cease to be used for school purposes for the 
space of three years. 

Sec. 2558. (This section is repealed. See Acts 1889.) 

Sec. 2559. Treasurer to produce booJiS, vouchers, etc., wheu 
required by board. 

The treasurer of the county board of education shall, 
when required by said board, produce his books and 
vouchers for examination, and shall also exhibit all moneys 
due the public school fund of the county at each settle- 
ment required by this chapter. 

Sec. 25(>0. (As amended by the Laws of 1889.) Treasurer to 
make report to state superintendent of public instruction. 

The treasurer of the county board of education of each 
county shall report to the state superintendent of public 
instruction on the first Monday of July of each year the 
entire amount of school money received and disbursed by 
him during the preceding school year, designating by items 
the amounts received respectively from property tax, poll- 
tax, liquor licenses, fines, forfeitures and penalties, auc- 
tioneers, estrays, from state treasurer, and from all other 
sources. He shall also designate by items the snms paid 
to teachers of white and colored children respectively, and 
for school-houses and school-house sites in the several dis- 
tricts, and for all other purposes, specifically and in detail 
by items, and on the same day he shall file a duplicate of 
said report in the oflice of the county board of education. 
He shall make such other reports as the board of educa- 
tion of the county may require from time to time. 

Sec. 25()1. Treasurer to keep account of public school moneys. 

The treasurer of the county boarc] of education shall 
keep a book in which shall be entered a full and detailed 



17 



account of all public school moneys received by him, the 
name of each person paying him school money, the source 
from which tlie same may have been derived, and the date 
of such payment: Provided^ in his settlement with the 
sheriff or other collecting officer of public school taxes or 
other school fund the said treasurer shall receive money 
only. 

Note. — For other duties of treasurer and pay for services, see 
section 25, chapter 174, Laws of 1885, as published in this pamphlet. 

Sec. 2562. (As amended l)y the Laws of 1885.) Treasurer failing- 
to report guilty of misdemeanor. 

Any treasurer of a county board of education failing 

to make the reports required of him at the time and in the 

manner prescribed shall be guilty of a misdemeanor, and 

be lined not less than fifty dollars and not more than two 

hundred dollars, or imprisoned not less than thirty days 

nor more than six months, in the discretion of the court. 

Sec. 2503. (As amended by Laws of 188?).) Sheriff to pay annually 
in money to treasurer of tlie county board, amount of state 
and county taxes levic4; for school purposes, etc.: misde- 
meanor; penalty; action on bond. 

The sheriff of each county shall pay annually in money 

to the treasurer ot tlie county board of education thereof, 

on or before the thirty-first day of December of each year, 

the whole amount levied, less such sum or sums as may be 

allowed on account of insolvents, for the current year, by 

both state and county, for school purposes ; and, on failure 

so to do, shall be guilty of a misdemeanor, and fined not 

less than two hundred dollars, and be liable to an action 

on his official bond ibr his default in such sum as will cover 

such default, said action to be brought to the next ensuino^ 

term of the superior court and upon the relation of the 

county board of education (commissioners) for and in 

behalf of the state. 



IS 



Sec. 25G4. (As amended by the Laws of 1885.) Sheriff to take 
duplicate receipts. 

The sheriff or other collecting officer shall take dupli- 
cate receipts of the treasurer of the county board of edu- 
cation for such payments as he may make under this chap- 
ter, one copy of which shall be transmitted to the auditor 
of the state, and one to the chairman of the county board 
of education. 



Note.— Sections 2562, 2563 and 2564. Treasurers and sheriffs 
will specially note the provisions of these sections. They will 
keep the poll and property tax separate, indicating each in the 
receipts given by the treasurer. This they will be the better able 
to do, because the school poll-tax and school property tax of each 
individual will be separated on the tax lists. A little attention to 
this will enable the treasurers to make their reports promptly. 

See also section 8, chapter 199, Laws 1889, which requires the 
sheriff to itemize as specified in section 2560. 

Sec. 2565. (As amended by the Laws of 1885.) Duties of secre- 
tary of county board of commissioners. 

The secretary (county supervisors) shall record all of the 
])roceedings of the county bc^jjpd of education, issue all 
notices and orders that may be made by said board per- 
taining to the public schools, school-houses, sites or dis- 
tricts (which notices or orders it shall be the duty of 
the secretary to serve by mail, or by personal delivery 
without cost), and record all school statistics* The county 
board of education shall provide the secretary (county 
supervisors) with a suitable book in which to make the 
records required by this section. 

Sec. 250G. (Is amended by the Laws of 1885, 1889, 1891, 1895 
and 189 7.) Examination of applicants for teachers' certifi- 
cates by county supervisor ; grades of certificates ; valid 
for one year in county where issued: what to be taught in 
public schools; proviso. 

The county supervisor shall see that all moneys belong- 
ing to the school fund are properly paid in to the treasurer 
and properly a])plied,and his further duties shall be to exam- 



19 



iiie teachers, for which he shall require a fee in advance 
of one dollar on his regular examination days, which 
shall begin on the second Thursdays in July, September, 
November and April, every year, and for the examination 
of teachers at any other time than above named, he shall 
require of such applicants a fee of $1.50, in advance, and 
all of said fees for examination "both at the public and pri- 
vate examinations, shall be paid by the county supervi- 
sor to the treasurer of the county board of education to go 
to the general school fund of the county. The place for 
holding the examination of teachers shall be at the county 
seat, but other places in said county may be designated by 
the county supervisor when in his discretion it may be for 
the convenience of the teachers of his county. 

Third-grade teachers' certiticates are hereby abolished, 
and there shall be but two grades of teachers' certificates 
with the same requirements for the first grade and the 
second grade as are now required by law. 

A general average of ninety per centum and over shall 
entitle an applicant to a first-grade certificate ; a general 
average of eighty per centum or more shall entitle the 
applicant to a second-grade certificate. The certificates 
shall be valid for one year from their dates, and only in the 
county in which they were issued. No branches shall be 
taught in the public schools except spelling, defining, read- 
ing, writing, arithmetic, English grammar, geography, ele- 
mentary physiology and hygiene, and the history of the 
state and United States : Provided, the school committee 
may make special arrangements to allow other branches to 
be taught : Provided, also, the examiner (supervisor) shall 
hold his examinations publicly, and may invite competent 
persons to assist him in such examinations. 



Note. — The supervisor should grant certificates to none except to 
those who produce reliable evidence of good character, and pass an 
approved examination, fairly testing the proficiency of the appli- 



20 



cant. School committess should provide for additional studies in 
the public schools, when such action will be of advantage to any 
of the pupils of their district. The pursuit of all useful knowledge 
should be encouraged in the schools. The examinations need not 
be held in the court-house, bat may be conducted in any suitable 
room at the county seat. 

See section 41 of chapter 199, Laws of 1889, which requires exam- 
inations of theory and practice of teaching. Also chapter 169, 
Laws of 1891, and the studies there provided. 

Let the county supervisor have the courage to do his duty in 
regard to the school fund. A great deal of money belonging to 
the schools has sometimes been spent for other purposes. The 
county supervisor should see that every dollar of the school fund 
improperly collected and properly expended. 

Sec. 25G7. Repealed by act of 1893. ) 

- As amended by Laws 189T. 
Sec. 2568. Repealed by act of 1895. \ 

The county board of education may provide for an insti- 
tute for each race of at least one week's duration annuallv, 
to be conducted by the county supervisor or some practi- 
cal educator well qualified to give instruction on the 
branches taught in the public schools and the best meth- 
ods of teaching the same, and on the history and theory of 
education. 

Sec. 2569. (As amended by Laws of 1897.) 

It shall be the duty of the county supervisor to advise 
with the teachers as to the best methods of instruction and 
school government, and to that end he shall keep himself 
thoroughly posted as to the progress of education in other 
counties, cities, and states; he shall have authority to cor- 
rect abuses, and to this end he may, with the concurrence 
of a majority of the school committee of the district, sus- 
pend any teacher in said district who may be guilty of any 
immoral or disreputable conduct, or who may prove him- 
self incompetent to discharge efficiently the duties of a 
public school teacher or who may be persistently neglect- 
ful of said duties. The county supervisor shall be required 
to visit the public schools of his county while in session 



21 

but under the direction of the county board of educ'ation, 
and shall inform himself of the condition and needs of the 
various schools within his jurisdiction. 



XoTE. — The county supervisor may render valuable service to 
the teachers in regard to methods of instruction and government. 
We have many young- teachers who are anxious to succeed and 
only need just such help and encouragement as the supervisor 
may easily give. 

Sec. 2570. Register of deeds to distribute blanks. 

It shall be the duty of the clerk (secretary) of the board 
of county commissioners (county board of education) to 
distribute to the various school committees of his county 
all such blanks as may be furnished by the state superin- 
tendent of public instruction for reports of school statistics 
of the several districts ; also blanks for teachers' reports 
and for orders on the treasurer of the county board of edu- 
cation for teachers' salaries ; he shall also distribute to the 
school committees school registers for their respective dis- 
tricts ; he shall advise with said committees as to the best 
methods of gathering the school statistics contemplated 
by such blanks, and, by all proper means, shall seek to 
have such statistics fully and promptly reported. 



Note. — The blanks furnished by the state superintendent areas 
follows : School registers, record of examinations, teachers' re- 
ports and vouchers, teachers' certificates, reports of clerks of 
county commissioners, treasurers' reports, census reports, and 
deeds, and blanks for census of deaf and dumb and of blind under 
chapter 69, Laws of 1893. In ordering blanks from the state super- 
intendent the register of deeds should give his express office. 

Sec. 2571. Repealed. 

Sec. 2572. County examiner (supervisor) to deliver to county 
board catalogue of teachers, etc. 

The county examiner (supervisor) shall deliver to the 

county board of education, on or before the first Monday 

in July in every year, a catalogue of all the teachers co 

whom he gave certificates during the year. 



•22 



Sec. 2578. Clerk of board of comiuissioners to report to stat« 
superintendent number, etc., of teachers, schools, etc. 

It shall be the duty of the clerk (secretary) of the board 
of county commissioners (county board of education) in 
each county, on or before the first Monday in July of 
every year, to report to the state superintendent of pub- 
lic instruction an abstract statement of ' the number, 
grade, race and sex of the teachers examined and approved 
by him (county supervisor) during the year ; also the num- 
ber of public schools taught in the county during the year 
for each race ; the number of pupils of each race enrolled 
in said schools; their average attendance; the number of 
females ; the average length of the terms of said schools and 
the average salary, respectively, of the white and colored 
teachers; also full and accurate statistics of the number of 
schoolchildren in the county, giving race and sex ; the num- 
ber of school districts for each race, and the number of pub- 
lic school-houses and the value of public school property 
for each race ; the number of teachers' institutes held, and 
the number of teachers that attended such institutes, 
together with such suggestions as may occur to him pro- 
motive of the school interests of the county. 

Sec. 2574. (As amended by the Laws of 1885 and 181)5.) Clerk of 
the board of county commissioners (county board of educa- 
tion) to record copy of report to state superintendent in 
office of secretary of board of commissioners. 

The clerk (sec.) of the board of county board of educa- 
tion shall record in his books his annual report to the 
state superintendent of public instruction and the census 
reports and school statistics as reported to him by the 
school committees. 

Sec. 2575. (.is amended by the Laws of 189 7.) 

The compensation of the county supervisor shall be 
not less than two dollars nor over three dollars per day 



23 



for such days as he shall be actiuilly engaged in tiie duties 
pertaining to his office, and he shall present monthly to 
the county board of education an itemized account with 
an affidavit attached, stating that the services therein 
charged have been in fact rendered, whereupon, it 
approved by the county board of education, the chairman 
of the board shall issue a warrant upon the treasury for 
the payment of the amount due the county supervisor for 
said services. 

Sec. 2576. (As amended by the Laws of 1885 aud 185)7.) Oatli of 
school committeemen: school officers anthorized to admin- 
ister oath. 

The school committee of each district herein provided 
for shall, before entering upon the duties of their office, 
take the oath of office as now prescribed by law for school 
committeemen. In all matters pertaining to the execu- 
tion of the school law, all the members of the county 
i)oard of education and the county supervisor are author- 
ized to administer oaths, but neither tliey nor justices of the 
peace shall be entitled to any fee for such service. 



Note. — It is earnestly hoped that the chairman and the secre- 
tary of the school committee will take a deep interest in their 
work. We hope the time will come when it will be an honor to be 
chairman of a school committee. 

Sec. 2577. Meeting* of school committeemen : chairman : clerk ; 
record to be kept. 

The school committee of each school district (township) 
shall, as soon after their ele^-tion and qualification as practi- 
cable, not to exceed thirty days, meet and elect from their 
number a chairman and secretary, and shall keep a record 
of their proceedings in a book to be kept by them for that 
purpose. The name and address of the chairman and sec- 
retary of each district committee shall be reported to the 
secretary of the county board of education and recorded 
by him in a book kept for that purpose. 



24: 



Soc. 2578. School committee to be a body corporate. 

The school committee of each school district shall be a 
body corporate by the name and style of " The School 

Committee of District No , in the county of ," 

and by that name shall be capable of purchasing and 
holding real and personal estate, and of selling and trans- 
ferring the same for school purposes, and of prosecuting 
and defending suit for or against the corporation. All 
conveyances to school committees shall be to them and 
their successors in- office. 

Sec. 2579. (As amended by the Laws of 1897.) 

The school committee of each district are required to 
furnish to the county supervisor a census report of all tlie 
children, white and colored, of school age, in their district, 
and the blanks upon which said reports are to be made 
shall be furnished to the various school committees by the 
county supervisor on the first Monday in May in each year, 
which report shall be duly verified under oath by at least 
one member of the committee, and returned to the county 
supervisor on or before the first Monday in June, each 
year, and any committee failing to comply witii the pro- 
visions of this section, without just cause, shall be subject 
to removal. 

x\nd the said committee shall also report to the said 
clerk of commissioners, secretary of board of education, the 
number of public school-houses and the value of all public 
school property, for each race, separately. 

Note. —A failure by the committee to make the reports required 
by this section will be sufficient cause for removal. The commit- 
tee will designate one of their number to perform this duty, avIio 
will also swear to this report. 

Sec. 2580. (As amended by the Laws of 1889 and 189 7.) School 
committee authorized to employ and dismiss teachers, and 
to iix their pay. 

The school committees shall have authority to employ 



25 



and dismiss teachers in tlieir respective districts; but no 
contract shall be made during any year to extend beyond 
the term of oHice of the committee, nor for more money 
than is placed to the credit of the district for the iiscal 
year during; which the contract is made. No person shall 
be employed as a teacher who does not produce a certifi- 
cate from the county superintendent (supervisor) of public 
instruction, dated within the time prescribed by law. 
Teachers of second grade shall receive not more than $25 
per month out of the public fund, and teachers of first 
grade may receive such com])ensation as shall be agreed 
upon ; but no teacher shall receive any compensation for a 
shorter term than one month, unless providentially hin- 
dered. Twenty school days shall be a m.onth : Provided. 
that the county board of education shall have authority to 
fix a maximum price for first-grade teachers, and other- 
wise superintend the employing and dismissing of teachers 
not inconsistent with the specific prohibition in this sec- 
tion. 

Sec. 2581. Teachers to render statement of number of pupils, etc., 
to school committee ; when order for payment of teachers to 
be ^iven. 

At the end of every term of a public school, the teacher 
or principal of the school shall exhibit to the school com- 
mittee of the district a statement of the nun)ber of pupils, 
male and female ; the average daily attendance, the length 
•of term and the time taught. If the committee are satis- 
fied that the provisions of this chapter have been complied 
with, they shall give an order on the treasurer of the county 
board of education, payable to said teacher, for the full 
amount due for services rendered. 



26 



Sec. 2582. School committee empowered to receive gifts, etc. : 
deed, how executed ; proceeds of sale ; to have care of 
school-house, etc., and to sell the same, etc. : original 
sjrantor to have option to repurchase school house site 
when resold. 

The school coiniiiittee may receive any gift, grant, dona- 
tion or devise made for the use of any school or schools 
vs'ithin their jurisdiction, and in their corporate capacity 
they shall be intrusted with the care and custody of all 
school-houses, school-liouse sites, grounds, iK^oks, appara- 
tus, or other public school property belonging to their 
respective jurisdictions, with full power to control the 
same as they may deem best for the interest of the public 
schools and the cause of education. When, in the opinion 
of the committee, any school-house, school-house site or 
other public school property has become unnecessary for 
public school purposes, they shall sell the same at public 
auction, after advertisement for twenty days at three pub- 
lic places in the county. The deed for the property thus 
sold shall be executed by the chairman and clerk of the 
committee, and the proceeds of the sale shall be paid to 
the treasurer of the county board of education for the school 
expenses in said school district : Pr^vided^ the committee 
shall first offer the site and improvements to the original 
grantor, donor, or his heirs, at a price fixed by the com- 
mittee. And in the event of a disagreement as to the 
price, the conjmittee shall select one discreet and disinter- 
ested person, and the grantor, donor, or his heirs shall 
select another such person, to value and appraise the prop- 
erty, and in the event they cannot agree, they shall call t© 
their aid an umpire; and upon the payment of the price 
thus fixed the committee shall convey, by proper deed, the 
property to the original grantor, donor, or his heirs : Pro- 
vided^ that the committee shall be allowed to remove the 
house if the grantor or his representative refuse to pur- 



27 



chase it, and its value shall, in that case, not be considered 
in the appraisement. 

Sec. 2583. (As amended by section 15, chapter 19J>, Laws of 1881».) 
Committee empowered to receive sites for school-houses by 
donation or purchase ; in case of purchase, approval of 
chairman and secretary of county board necessary ; title; 
proceedings to condemn land for school-house sites. 

The school coininittee may receive suitable sites for 
school-houses by donation or purchase. In the latter case 
they shall report the price to the chairman and secretary 
of the county board of education. If the latter are satis- 
fied that the price is not excessive, and that it is suitable 
in respect to its location, they shall approve the order of 
the committee on the treasurer ofthecount}^ board of edu- 
cation for the purchase money, and upon payment of the 
order the title to said site shall vest in the committee and 
their successors in office. Whenever the committee are 
unable to obtain a suitable site for a school by gift or pur- 
chase, they shall report to the county superintendent of 
public instruction (county supervisor), who shall, upon 
five days' notice to the owner of the land, apply to the 
clerk of the superior court for the appointment of their 
[three] appraisers, who shall lay off, by metes and bounds, 
not more than one acre, and assess the value thereof. 
They shall make a written report of their proceedings, to 
be signed by them or by a majority of them, to the said 
clerk within five days from their appointment, who shall 
enter the same upon the records of the court. U said 
report is confirmed by the clerk of the court, the chairman 
and secretary shall approve the order which the district 
school couimittee shall give on the treasurer of the county 
board of education in favor of the owner of the land thus 
laid off, and upon the payment or offer of payment of this 
order the title to said land shall vest in the school com- 
mittee and their successors in office : Provided, improved 



28 

Itnid shall not be condemned under this section unless it 
be essential to secure a proper location : Provided^ further, 
any person aggrieved by the action of said appraisers may 
appeal to the superior court of the county in which the 
land is situate upon giving bond to secure the board 
against such costs as may be incurred on account of said 
ap])eal uot being prosecuted with effect. 

Sec. 2584. (As amended by chapter 199, Laws of 1889,) School 
committee to deliver deeds to county board of education. 

All deeds to school committeemen shall be delivered for 

safe-keeping to the board of education of the county, and 

they shall have them recorded, if not already recorded, and 

all deeds hereafter made shall be delivered to said board 

for their inspection before registration. 

Sec. 2585. Duties of teachers : dismissal of pupil. 

It shall be the duty of all teachers of free public schools 
to maintain good order and discipline in their respective 
schools, to encourage morality, industry and neatness in 
all of their pupils, .and to teach thoroughly all the branches 
wliich they are required to teach. If any pupil shall wil- 
fully and persistently violate the rules of the school, such 
pupil may be dismissed by the teacher for the current 
term. 



]S'OTE. — On the subject of the authority of the teacher as to cor- 
poral punishment, the following decision, rendered by Judge Gas- 
ton, 2 Devereux and Battle, p. 365, is quoted : 

" The law confides to schoolmasters and teachers a discretionary 
power in the infliction of punishment upon their pupils, and will 
not hold them responsible criminally, unless the punishment be 
such as to occasion permanent injurj^ to the child, or be inflicted 
merely to gratify their own evil passions. 

" It is not easy to state with precision the power which the law 
grants to schoolmasters and teachers with respect to the correction 
of their pupils. It is analogous to that which belongs to parents, 
and the authority of the teacher is regarded as a delegation of 
parental authority. One of the most sacred duties of parents is to 



29 



raise up and qualify their children for becoming useful and virtu- 
ous members of society ; this duty cannot be effectually performed 
without the ability to command obedience, to control stubborn- 
ness, to quicken diligence and to reform bad habits ; and to enable 
him to exercise this salutary sway he is armed with the power to 
administer moderate correction when he shall believe it to be just 
and necessary. 

" Within the sphere of his authority, the master is judge when 
correction is required and of the degree of correction necessary ; 
and like all others intrusted with a discretion, he cannot be made 
penally responsible for error of judgment, but only for wickedness 
of purpose. The best and Avisest of mortals are weak and erring 
creatures, and in the exercise of functions in which their judgment 
is to be the guide cannot be rightfully required to engage for more 
than honesty of purpose and diligence of exertion. His judgment 
must be presumed correct, because he is the judge^ and also 
because of the difficulty of proving the offence or accumulation of 
offences that called for correction ; of showing the peculiar temper- 
ament, disposition and habits of the individual corrected ; and of 
exhibiting the various milder means, that may have been ineffec- 
tually used, before correction was resorted to. 

" But the master may be punishable when he does not transcend 
the powers granted, if he grossly abuse them. If he use his author- 
ity as a cover of malice, and, under pretence of administering cor- 
rection, gratify his own bad passions, the mask of the judge shall 
be taken off, and he will stand amenable to justice, as an individ- 
ual not invested with judicial power." 

For conduct outside of school, or after school is dismissed, it 
seems to be agreed that a teacher may inflict punishment for anj^ 
misbehavior that has a direct or irninediate tendency to injure the 
school, to subvert the teacher's authority and to beget disorder 
and insubordination. This line of authority it is difficult to draw 
with precision, and a wise discretion must be exercised, the teacher 
always bearing in mind that it is the school and his authority to 
govern it that are to be protected. 

The secret of success in school government lies in the art of cre- 
ating an interest and an enthusiasm in school exercises and their 
results. This done the school will, in a large measure, govern 
itself; without it, no kind or degree of corporal punishment will 
secure good results in school work or government. The teacher 
should so demean himself as to make all pupils consider him their 
friend and benefactor, keeping authority and punishment in the 
background, to be used when nothing else will do. 



30 



Sec. 2586 (As amended by Laws of 1885, 1889 and 1895.) Teach- 
ers to keep daily records concerning pupils; grades in schol- 
arship, in deportment ; report to be made to county super- 
visor. 

Every teacher or principal of a school to which aid shall 
be given under this chapter shall keep a daily record of all 
absences of pupils and of the grade in scholarship and 
deportment of each. The grade in scholarship shall be 
indicated by the numbers one, two, three, four and five, one 
representing the highest or first grade and five the lowest, 
and the three intermediate numbers the three intermediate 
grades. The grades in deportment shall be represented by 
the same numbers and in the same order. At the end of 
every term every principal or teacher of a public school 
shall report to the clerk of the board of county commis- 
sioners (county board of education) the length of term of 
school, the race for which it was taught, the number, sex 
and average daily attendance of the pupils, and the number 
of the district in which the school was taught. 

If any term comprehends parts of the two school years, 
beginning in one and ending in the succeeding, the teacher 
shall on the first day of July make the above required 
report for the part of the term up to that date, and the 
remaining part of the term shall be reported when the 
term closes and form part of the report for that year. 



Note. — Teachers will note that their orders for salary will riot 
be approved by the county supervisor or paid by the treasurer, 
until this report is made. Arrangements, however, may be made 
with the county supervisor to approve orders for the salary of 
each month, so as to enable teachers to draw their pay monthly. 
The teacher must, in this case, make a report for the full session 
at its close, before he can receive the last installment of his salary. 

Section 24, chapter 199, Laws of 1889, forbids any school being in 
session on June 30th. No school can comprehend parts of two 
school years : therefore the last pargraph of this section is practi- 
cally of no force. 



31 



Sec. 2587. School year. 

The school year shall begin on the first Monday in July. 
]yoTE. — See section 1, chapter 199, Laws of 1889. 

See. 2588. (As amended by the Laws of 1889.) Every school receiv- 
ing aid under this chapter to be a public school. 

Every school to which aid shall be given under this chap- 
ter shall be a public school, to which all children living 
within the district between the age of six and twenty-one 
years shall be admitted free of charge for tuition : Provi- 
ded^ the admission of pay students shall be under the direc- 
tion of the committee. Provided, further^ that the com- 
mittee or the county superintendent (county supervisor) oi- 
the board of education may exclude persons of immoral 
lives or character. 



Note.— Children, in the district, not of school ag*e, or those 
living outside of the district, may be admitted as pay students by 
direction of the school committee. 

t^ec. 2589. (As amended by section 3, chapter IIG, Laws of 1895, 
amended by 1897.) Tax of twenty cents on everyone hundred 
dollars of property and credits to be levied for support of 
public schools; poll-taxof sixty cents. 

In addition to the state and county capitation taxes 
appropriated by the constitution, and other revenues for 
the support of the public schools, there shall be levied and 
collected every year for the maintenance and support of 
the public schools 20 cents on every one hundred dollars 
worth of property and credits in the state, and sixty 
<'ents on every poll, in addition to the taxes in the reve- 
nue law. 



Note. — Attention is called to section nine (9), chapter 199, Laws 
1889. The forms will contain separate columns for school poll-tax 
and school property tax, and it is required of the county commis- 
sioners and register of deeds to enter these items separate, whether 
levied in this section or under the provisions of section 2590. Each 



32 



tax receipt is to sho^s^ the total amount of school tax separate 
from the state and county tax, so that each tax-payer may know 
exactly how much school tax he pays. The phrase, '' in addition 
to the taxes in the revenue law," has reference to taxes on liquor 
dealers, and taxes other than property and poll. 

Sec. 2590. (As amended by the Laws of 1885.) If taxes insuf- 
ficient to maintain public school four months, board of 
commissioners to levy special tax ; how collected. 

If the tax levied' by the state for the support of tlie 
public schools shall be insufficient to maintain one or 
more schools in each school district for the period of fowr 
montlis, then the board of commissioners of each countv 
shall levy annually a special tax to supply tlie deficiencv 
for the support and maintenance of said- scliools for the 
said period of four months or more. The said tax shall 
be collected by the sheriff in money, and he shall be sub- 
ject to the same liabilities for the collection and account- 
ing of said tax as for other taxes. The said tax shall be 
levied on all property, credits and polls of the county ; and 
in the assessment of the amount on each the commissioners 
shall observe the constitutional equation of taxation ; and 
the fund thus raised shall be expended in the county 
which it is collected, in such manner as the county board 
of education may determine, for maintaining the public 
schools for four months at least in each year. But the 
county board of education shall not be required to expend 
upon a district containing less than sixty-five pupils the 
same sum it may give to larger districts, notwithstanding 
an inequality of length of school terms may be the result. 
The county board of education, on or before the annual 
meeting of the commissioners and justices of the peace 
for levying county taxes, shall make an estimate of the 
amount of money necessary to maintain the schools for 
four months and submit it to the county commissioners. 

Note.— This section should be observed and its provisions car- 
ried out fully by the county commissioners. It will be observed 



38 



that the law is mandatory in its provisions, and that it is intended 
to carry into effect the provisions of article nine, sections two and 
three, of the state constitution. It will be noted that the county 
commissioners are required to make an estimate of the additional 
funds necessary to provide schools for four months and to levy the 
taxes for same if there is a marg-in before reaching the constitu- 
tional limit. For some years the law has required the county 
commissioners to levy any additional tax that might be necessary 
to continue the schools for a period of four months per annum, 
and the constitution of the state makes it their duty to do this 
under penalty of indictment ; and yet some commissioners do not 
attend to this duty. Construing- the constitution and the statute 
together, we are forced to the conclusion that it is the imperative 
duty of the commissioners to levy this tax. 

The decision of the supreme court in Barksdale v. Commission- 
ers of Sampson, 93 N. C. Reports, does not relieve the commission- 
ers of this obligation except when the limit of 661 cents on $100 
valuation of property and $3.00 on polls has been reached for 
county and school purposes. 

Section two, article five, of the constitution is as follows : 

"The proceeds of the state and county capitation tax shall be 
applied to the purposes of education and the support of the poor, 
but in no one year shall more than twenty-five per cent, thereof 
be appropriated to the latter purpose.'" 

The state tax is that levied by the general assembly, and the 
county tax is that levied by the Justices of peace and county 
commissio7iers. These taxes, combined, can never exceed $2.00 
on the poll. 

When this limit is reached the commissioners cannot levy any 
school tax under The provisions of this section, but they are 
required to see that the sheriff (tax collector) shall pay over to the 
treasurer of the board of education at least $1.50 on each poll that 
is collected, and they can allow more if they will. 

If the limit of two dollars is not reached by the combined state 
and county levies, then at least three- fourths of whatever they do 
amount to must be paid over for schools ; and in that case the com- 
missioners must make an additional levy, if necessary, to continue 
the schools four months. 

In ascertaining whether the limit has been reached, no special 
taxes for special purposes, under special acts of assembly, are to be 
included in the calculation. 

Sec. 2591. (As amended by the Laws of 1889.) School committee 
empowered to contract with teacher of private schools ; proviso. 

In any school district wliere there may he a private school, 



84 



regularly conducted for at least nine months in the year, the 
school committee may contract with the teacher of such pri- 
vate school to give instruction to all pupils between the ages 
of six and twenty-one years in the branches of learning 
taught in the public schools, as prescribed in this chapter, 
without charge and free of tuition ; and such school com- 
mittee may pay such teacher for such services out of the 
public school funds apportioned to the district, and the 
agreement as to such pay shall be arranged between the 
committee and teacher : Provided^ any teacher so employed 
shall obtain a first-grade certificate before beginning his 
work, and shall from time to time make such reports as are 
required ot other public school teachers under this chapter : 
Provided^ further^ that the board of education of the county 
and the county superintendent (county supervisor) shall 
have the same authority in respect to the employment and 
dismissal of teachers under this section, and in every other 
respect, as is conferred in other sections of the law : And 
provided^ further^ that all contracts made under this section 
shall designate the length of the public school term, which 
shall not be less than the average length of the public 
school terms of the county of the }n-eceding year. 

Note. — This section is intended to harmonize the public and the 
private school interests, but it does not permit the pupils of any 
one district to be divided among the different private schools that 
may be located within its limits. The general law provides that 
districts must be laid off, and definite territorial lines established, 
and a public school-house provided, at which all the pupils within 
such lines are to attend school. If, however, the committee think 
best, they can employ the principal of a permanently established 
private school to teach all the pupils of the district, following the 
spirit and the letter of this section. 

The object of the above section is not to destroy the puhlic ^ohooX 
but to make it better. 



35 



Sec. 2592. Misdemeauor to wilfully disturb any school, etc. 

Every person who shall wilfully interrupt or disturb any 
public or private school, or any meeting lawfully and peace- 
fully held for the purpose of literary and scientific improve- 
ment, either within or without the place where such meet- 
ing or school is held, or injure any school building, or deface 
any school furniture, apparatus or other school property, 
shall be guilty- of a misdemeanor, and lined not exceeding 
fifty dollars or imprisoned not more than thirty days. Any 
person who shall wilfully set fire to, or procure the same to 
be done, any school-house, shall be guilty of a misde- 
meanor, and upon conviction shall be punished by impris- 
onment in the penitentiary or county jail, and may also be 
fined in the discretion of the court. 

Sec. 2593. (As amended by the Laws of 1885, chapter 54, Laws of 
1803.) State superiutendent of public instruction authorized 
to employ cleric; his salary, how paid. 

The state superintendent of public instruction is author- 
ized to employ a clerk at a salary of one thousand dollars 
per annum, which shall be paid monthly by the state treas- 
urer, on the warrant of the auditor, out of any funds which 
may be in the treasury not otherwise appropriated. 

Sec. 652 of the Code, as amended by the Laws of 1880. Commis- 
sioners and county boards of education may punish, etc. 

The board of commsssioners and the county board of 
education of each county shall have power to punish for 
contempt, for any disorderly conduct or disturbance tend- 
ing to interrupt them in the transaction of their official 
business. 

Sec. 2654 of the Code (repealed by Laws of 1807). 

Sections 2654 and 2655 repealed by Laws of 1897 and 
the following substituted (local taxation act) : 

"That the sum of fifty thousand dollars ($50,000), or so 



36 



iniicli thereof as may be necessary, is liere by annually appro- 
priated out of any moneys in the treasury not .otherwise 
appropriated, the same to be paid as called for by the state 
board of education and by said board to l)e paid to the 
public schools of the state as hefi-einafter provided. 

" On Tuesday after the second Monday in August within 
the year 1897, the board of county commissioners of every 
county shall cause an election to be held in every scliool 
district in their respective counties upon flie question of 
levying a special district (township) tax for the public 
schools of said district (township), and notice of this elec- 
tion shall be given by the county commissioners at their 
regular June meeting, and such notice shall be published in 
the county papers andposted on the school-houses of said 
district (township). 

" The board of county commissioners shall determine the 
amount of tax to be voted upon by each district (townshp), 
but said tax shall be at least 10 cents upon every $100 worth 
of property and 30 cents upon every poll, and shall not be 
repealed within three years from the date of first levying 
it. After three years from the date of first levying a 
special tax for schools, said tax may be repealed only by a 
majority vote of the qualified voters of the district (town- 
ship), and no election for the repeal of any special tax shall 
be held except upon written petition to the board of county 
commissioners, signed by at least one-third of the qualified 
voters of the district (township). 

'' In every district (township) that fails to levy a special 
school tax in 1897, the county commissioners shall order an 
election to be held every two years on the Tuesday after the 
first Monday in August, under the provisions of this act, 
until such special school tax is levied. 

" At said election every voter in favor of the special tax 
shall vote a written or printed ballot with the words ''For 
Schools," and every voter opposed to the special school 



37 

tax shall vote a written or printed ballot with the words 
" Against Schools." , Said election shall be held under the 
rnles and regulations prescribed for the election of mem- 
bers of the general assembly of North Carolina. The 
county commissioners shall prepare said ballots and dis- 
tribute them. They shall also prepare boxes for the elec- 
tion and appoint poll-holders and necessary officers. If a 
majority of the qualified voters shall declare in favor of 
the special tax, the same shall be immediately levied by 
the board of countv commissioners, and collected at the 
same tiuje and in the same manner as the general school 
tax of the county, and shall be placed within thirty days 
in the county treasury, to the credit of the district (town- 
ship) in whichit was collected. 

"To every district (township) that may levy a special 
school tax under the provisions of this act the state board 
of education shall give annually for three years a siyn of 
money equal to the special school tax collected every year, 
until the appropriation of $50,000 for each year is ex- 
hausted : Provided^ that no district (township) shall 
receive from the state board of education more than $500 
a year, and if the aggregate of the taxes levied by districts 
(townj-hips) under the provisions of this act shall be greater 
than the amount herein appropriated, then this special state 
appropriation shall be divided among the several districts 
(townships) in proportion to the amount raised by special 
taxation. 

'' On the 31st day of January in each year the treasurer 
of every county where any special school tax has been 
levied under the provisions of this act shall send to the 
superintendent of public instruction a sworn statement 
of the amount of special school tax collected in each dis- 
trict (township) for that year. Immediately upon the 
receipt of this statement the superintendent of public 
instruction shall send to the treasurer of the county a 



38 



warrant for a sum of inoiiej to be placed to the credit of 
each district (township) equal to the special school tax 
collected in each district (township) respectively that year : 
Provided^ that if the special school tax collected in any 
district (township) in one year is more than five hundred 
(dollars), the superintendent of public instruction shall 
send to the county treasurer a warrant for such district 
(township) for $500 and no more. Or any district (town- 
ship) where an amount not exceeding five hundred dollars 
shall have been raised by voluntary subscription an equal 
atnount shall be paid by the treasurer. 

" None of the provisions of this act shall apply to any 
township, city or school district that now levies a special 
school tax of as much as 10 cents on every $100 worth of 
property and 30 cents on every poll. 

"■ All laws and clausesof laws in conflict with this act are 
hereby repealed. 

" This act shall be in force from and after its ratification. 

''In the general assembly read three times and ratified, 
this the 9th day of March, 1897." 



Sections of chapter 174, Laws of 1885, which are not 
embodied in the sections of the code as printed in 
this phamphlet. 

Section 24. The principal or superintendent of every 
school supported in whole or part by public funds shall 
report to the state superintendent at such time and in such 
form as he may direct. 

Sec 25. {^As amended hy section 18, chajyter 199, Laws 
1889.) The treasurer of the county board of education shall, 
on the last Saturday of each month, attend at the ofiice of 
the county board of education for the purpose of paying 
school orders (provided, that in thos0 counties where the 



39 



sheriff is ex officio treasurer of the county he sluill not be 
required to attend liis office on the last Saturdaj- in each 
month) ; but this shall not be construed to prevent the pay- 
ment of orders at other times ; and he shall be allowed for 
compensation as treasurer of the school fund such sum as 
the board of education may allow him, not to exceed two 
])er centum of his vouchers paid on orders of school com- 
mittees. 

Note. — The OTd.eY&g\vQnhy school eommitteemen constitute the 
basis on which treasurer's commissions are to be calculated and 
allowed. 

Sec. 26. {As amended hy section 17, chapter 199, Lav%% 
1889.) No contracts for teachers' salaries shall be made 
during any fiscal year for a larger amount of money than 
is actually to the credit of the respective districts for that 
year, and no committee shall give an order nnless the 
money to pay it is actually to the credit of the district. 

Sec. 27. The Secretary of State shall furnish a copy of 
The Code and of the laws to each county board of educa- 
tion. 

Sec. 28. The county board shall furnish plans and require 
the committee to construct comfortable houses, with a view 
to permanency and enlargement as the increasing popula- 
tion may demand. The county board shall in all matters, 
obey the requirements of the state board of education and 
the state superintendent. 



CHAPTEK 199, LAWS 1889. 

(Sections are omitted which are embodied in the sections of The 
Code as printed in this pamphlet.) 

Section 1. That the fiscal school year shall begin on the 
first day of July and close on the thirtieth day of June next 
succeeding. 

Sec. 4. That the bond of the treasurer of the connty board 



40 



of education shall be approved by the board of county com- 
missioners, and they shall bring action for any breach 
thereof, and on their failure to bring such action, it may be 
brought in the name of the state on the relation of any 
tax-payer. The said bond shall be separate, not including 
liabilities for other funds, and shall be in double the 
amount of school funds which he may receive or which 
were received by his predecessor during the previous year. 

Sec. S. That whenever the sheriff or other collecting 
officer pays over money to the treasurer of the board 
of education, he shall designate the items as indicated in 
section two thousand live hundred and sixtj^of Tlie Code^ as 
amended by this act, and these items shall be stated in the 
receipts given by the treasurer. 

Sec. 9. That the auditor of the state shall include on 
the form which he furnishes to the board of county com- 
missioners, and on which the tax-lists are to be made out, 
separate columns for school poll-tax and school property 
tax, in one of w4iich columns shall be entered the total 
poll-tax levied by the' general assembly and the county 
authorities for schools due by each tax-payer, and in the 
other the total property tax levied by the general assem- 
bly and the county authorities for schools due by each tax- 
payar. The auditor's form shall likewise show, in sepa- 
rate columns, the white and colored polls, and in separate 
columns the property of whites and colored, and the list- 
taker's form shall be arranged accordingly. 

Skc. 11. That for immoral conduct or other conduct 
unbecoming a teacher, the county superintendent (super- 
visor) shall have power to revoke any certificate given by 
a county superintendent (supervisor). 

Sec. 12. That teachers may be qualified to their orders 
]>y any ]iersou authorized to administer an oath. 

Sec. 11). That on the first Monday of July the board of 
education, county superintendent (supervisor) and treas- 



41 



urer shall meet at the office of tlie board and settle all the 
business of the preceding fiscal year. The board shall, on 
that day, examine the reports of treasurer and connty super- 
intendent (supervisor) which are required to be made to 
the state superintendent, and, if found correct, shall direct 
them to be forwarded. 

Sec. 20. That should any day specified in this act on 
which any duty should be performed fall on Sunday, sncli 
duty shall be performed on the day following. 

Sec. 21. That the register of deeds shall furnish to the 
board of education, as soon as the tax-lists are made out, 
an abstract of said lists, showing, in separate columns, the 
total amount of poll-tax borne on said lists, and also the 
total amount of property tax borne on the same, and shall 
furnish such other information from his office as the county 
l)oard of education may from time to time require. 

Sec. 24. That as far as practicable the county board sliall 
require all schools to be in session at the same time, and no 
school shall be in session at the close of the fiscal year. 

Sec. 26. That if the term of office of any treasurer shall 
expire on the thirtieth day of November during an}' fiscal 
school year, or if for any reason he shall hold office beyond 
the thirtieth of November, and not for the whole of the cur- 
rent fiscal school year, he shall, at tlie time he goes 
out of office, file with the county board of education and 
with his successor a report, itemized as required by section 
2560 of The Code^ as amended by this act, covering the 
receipts and disbursements for that part of the fiscal school 
year from the thirtieth of June preceding to the time at 
w^hich he turns over the office to his successor, and his suc- 
cessor shall include in his report to the state superintend- 
ent the receipts and disbursements for the current fiscal 
school year. 

Sec. 27. That each treasurer of the county board of edu- 
cation, on going out of office, shall deposit in the office of 



42 



the board of education of his county his books in which are 
kept liis school accouTits, and all records and blanks per- 
taining to his office. 

Sec. 38. The clerks of all criminal conrts shall furnish,, 
immediately npon the close of the term, to the board of 
education of the county a detailed statement of fines, for- 
feitures and penalties which go to the school fund that have 
been imposed or which have accrued during the terms. 
Any clerk failing to comply with the duties herein pre- 
scribed shall be guilty of a misdemeanor, and shall, upon 
conviction, be lined or imprisoned at the discretion of the 
court. 

Sec. 41. That, in addition to the requirement for obtain- 
ing a first-grade certificate, as now provided by section^ 
2566 of The Code^ as amended by Laws of 1885, the appli- 
cant must, from and after one year from the ratification of 
this act, stand a satisfactory examination upon some books 
on school economy and theory and practice of teaching, tc> 
be selected by the state superintendent of public instruc- 
tion. 



Note. — The superintendent has selected White's Elements of 
Pedagogy in compliance with this section. The principal sub- 
jects treated in the book are as follows : 

1st. Elements of Psychology. 

2d. Principles of Teaching. 

3d. Methods of Teaching. 

4th. Methods of Teaching Special Branches. 

5th. Moral Training. 

The book is to be furnished to teachers for $1.00 post-paid. 

Sec. 42. That, in determining the right of any child to 
attend the white or colored schools, the rule laid down in 
section 181U of The Code^ regulating marriages, shall be 
followed. 

Sec. 47. By and with the consent of the county board 
of education, the coirnnittees of two or more contiguous 



43 

districts in any city or town may, by a majority vote of 
the committee in each district, employ a practical teacher, 
who shall be know^n as the superintendent of the public 
schools of said districts, and he shall perform all the duties 
of the county superintendent (supervisor) as to said dis- 
tricts, and shall make to the county superintendent (super- 
visor) all reports that may be necessary to enable him to 
make his reports to the state superintendent. 

Sec. 48. That all laws and clauses of laws inconsistent 
with the provisions of this act are hereby repealed. 

Sec. 49. That this act shall be in force from and after 
its ratification. 

Ratified the 11th day of March, A. D. 1889. 



CHAPTER 169, LAWS 1891. 

AN ACT TO PROVIDE FOR THE STUDY OF THE NATURE 
OF ALCOHOLIC DRINKS AND NARCOTICS, AND OF 
THEIR EFFECT UPON THE HUMAN SYSTEM, IN THE 
PUBLIC SCHOOLS. 

The General Assemhly of North Carolina do enact : 

Section 1. That the nature of alcoholic drinks and nar- 
cotics, and special instruction as to their efi'ect upon the 
human system, in connection with the several divisions of 
the subjects of physioloi>;y and hygiene, shall be included 
in the branches of study taught in the common or public 
schools in the state of North Carolina, and shall be studied 
and taught as thoroughly and in the same manner as other 
like required branches are in said schools, by the use of 
text-books in the hands of the pupils, and orally in case of 
pupils unable to read, and shall be taught by all teachers, 
and studied by all pupils, in all schoolg in this state sup- 
ported, wholly, or in part, by public money. 

Sec. 2. That the text-books used for the instruction to 
be given in the preceding section for primary and inter- 



44 



mediate grades shall give at least one-fourth of their space 
to the consideration of the nature and eifect of alcoholic 
drinks and narcotics, and the text-books used in the higher 
grades of the public schools shall give at least twenty pages 
to the consideration of this subject. 

Sec. 3. That no certificate to teach in the public schools 
in this state shall hereafter be granted to ,any applicant 
who has not passed a satisfactor}^ examination in the study 
of the nature of alcoholic drinks and narcotics, and of their 
efl:ect upon the humau system, in connection with the sev- 
eral divisions of the subject of relative physiology and 
hygiene. 

Sec. 4. That it shall be the duty of the proper officers 
in control of any school described in the first section jof 
this act to enforce the provisions of this act, and any 
such officer, school director, committee, superintendent, or 
teacher who shall refuse or neglect to comply with the 
requirements of this act, or shall neglect or fail to make 
proper provisions for the instruction required and in the 
manlier specified by this act, for all pupils in each and 
every school under his control and supervision, shall be 
removed from office, and the vacancy filled as in other 
cases. 

Sec. 5. That this act shall be in force and take eftect 
from and after the first day of August, 1891. 

In the general assembly read three times, and ratified 
this the 27th day of February, 1891. 

Note. — The county supervisors will examine the teachers as 
required by this statute, and issue certificates upon the same basis 
of grading as is required by the general law as to other branches. 

CHAPTER 108, LAWS OF 1897. 

(Sections are omitted which are embodied in the sections of The 
Code as printed in this pamphlet). 

Section. 1. The state board of education shall appoint 



45 



biennially a state board of examiners, who shall consist 
of three professional teachers, and the state superintendent 
of public instruction shall be ex officio the chairman of 
the said board. 

Sec. 2. The state board of school exaniiners shall pre- 
pare and recommend to the public school teachers of the 
state, through the several county supervisors, a course of 
reading and professional study for teachers, and such out- 
lines of methods of teaching and school government as may 
in its judgment be helpful in school-room work, and per- 
form such other duties as are hereinafter provided. 

Sec. 3. The state board of school examiners shall have 
power to grant first-grade life certificate^^, which may be 
used in any county in the state, and shall furnish to the 
public, through the several county supervisors, at least one 
month before the regular annual county examination of 
te.achers, full information as to the nature and character of 
the requirements for such first-grade life certificates ; it 
shall annually prepare and furnish to the several county 
supe»visors a set of examination (juestions covering sub- 
jects required by law to be taught in the public schools of 
the state, which shall be submitted at the regular annual 
county examination of teachers in July to all applicants 
for a first-grade life certificate, under such rules and regu- 
lations as the state board of school examiners may pre- 
scribe. The state board of school examiners shall examine 
and grade the papers of all applicants for a first-grade life 
certificate, and shall issue said certificate to such applicants 
as are properly qualified and justly entitled thereto, and 
all examination papers of applicants to whom first-grade 
life certificates shall have been granted under this act 
shall be kept on file in the office of the state superintendent 
of public instruction : Provided,, that each applicant for a 
first-grade life certificate shall pay in advance to the 
county supervisor the sum of five dollars, which shall be 



46 



reported to the county board of education, and paid into 
the general school fund of the county : Provided^ ftirther^ 
that every first-grade life certificate, to continue valid and 
operative, shall be renewed by the state board of school 
examiners every five years, and before said board shall 
renew said certificate it shall be accompanied with an 
affidavit of the teacher holding said certificate that he or 
she has been actually engaged in teaching school since 
receiving said certificate, or since its last renewal, and no 
charge shall be made for such renewal. 

Sec. 4. The meetings of the state board of school exam- 
iners shall be held at the call of the state superintendent of 
public instruction, and the members shall- receive no com- 
pensation other than their traveling expenses and board 
while attending the meeting, an itemized statement of 
which shall be kept in the books of the state superintend- 
ent of public instruction. 

Sec. 5. The office of the county, examiner is hereby 
abolished, to take eff'ect on the first Monday in July, 1897. 

Sec. 11. It shall be the duty of the school committee to 
distribute and apportion the school money of their dis- 
trict so as to give each school in their district, white and 
colored, the same length of school term, as nearly as may 
be, each year, and in making such apportionment the 
said committee shall have proper regard for the grade of 
work to be done, and the qualifications of the teachers 
required in each school, white and colored, ^vithin their 
district. 

Note. — It is not expected that each school shall have the same 
number dollars and cents. For instance, one school may need the 
services of a $40.00 or $50.00 teacher, on account of the grade of 
work to be done, and another school may only need a $25.00 
teacher, on account of lower grade of work to be done. The com- 
mittee should be very careful so as not to make any discrimination 
in favor of or against any school within ,their township. The 
greatest good to the greatest number should be the object of each 
committee. 



4:7 



Sec. 13. The school committee of each district shall, on 
he second Monday in January each year, meet at such a place 
in their district (township) as the chairman may designate 
for the purpose of apportioning the school fund of their dis- 
trict to the various schools, white and colored, in their dis- 
tricts, in the manner hereinbefore provided for ; and the 
other meetings of the committee for the purpose of select- 
ing teachers for the schools in their district (township), and 
for the transaction of such other business as pertains to 
their office, shall be at such time and place as the chairman 
may designate. 

Note. — The time has come when we must have teachers that are 
prepared to teach. It is much better to have even two month's 
school with an up-to-date teacher than to have 4 or 5 months' 
school with a teacher whose highest ambition is to simply manage 
to " keep school " in a way that a sufficient number of the commit- 
tee may sign his voucher for him to draw his money. Have 
regard to the quality of the school rather than to the quantity. 

Sec. 16. The school committee of each district shall 
keep a book in which shall be kept an accurate account 
■of all money received by them from the apportionment ot 
the county school fund, and from all other sources what- 
soever, and shall also keep an accurate account with each 
.school in their district of the money apportioned by them 
to said school and received by the teacher from pay pupils, 
and the amount expended by the committee of said school 
for teachers' salaries and all other purposes. 

Note.— The committee should see to it that an accurate account 
of the school fund is kept. An account should be kept with each 
school in the township. Let all this be done in a business-like 
manner, so that the county supervisor, when he comes around to 
examine the accounts, will have no trouble to see how and for 
what purpose the money was spent. 

Sec. 17. The county board of educ^ation shall meet 
-annually at the court house in the said county on the first 
Mondays in June, July, September and January, and may 



48 

sit from day to day until such matters as may properly 
come before them are adjudicated, and may meet at such 
other times upon the call of the chairman of the board as 
may be necessary : Promdfd^ that the compensation of 
the members of said board shall not exceed two dollars 
per diem and mileage as is now allowed to the board of 
county comniissioners. 

Sec. 18. The county supervisor shall be ex officio the 
secretary of the county board of education. 

Sec. 19. Third-grade teachers' certificates are hereby 
abolished, and there shall be but two grades of teachers' 
certificates, with the same requirements for the first grade 
and the second grade as are now required. by law. 

Sec. 22. The school committee of any district, with the 
concurrence and approval of the county supervisor and the 
county board of education, may combine and use the 
funds of their district in such manner as, in their judg- 
ment, may unify and improve the school interests of their 
district. .' • 



Note.— This section gives large discretion to the school authori- 
ties of any district (township). It is the purpose of this section to 
unite two or more small, weak schools so as to form one strong 
effective school. This authority should be used with care, and in 
such a manner as to secure the greatest good to the greatest num- 
ber. 

Sec. 24. In case the state superintendent shall have 
sufiicient evidence at any time that any county supervisor, 
or any member of the county board of education, is not 
capable of discharging, or is not discharging, the duties of 
his office as required by this act, or is guilty of. immoral 
or disreputable conduct, he shall report the matter to the 
county board of education, which shall hear evidence in 
the case, and if, after careful investigation, they find suf- 
ficient cause for his removal, they shall declare the oftice 
vacant at once and proceed to elect his successor: Pro- 



49 



mded^ however^ that either party may appeal from the 
decision of the county board of education to the state 
board of education, which shall have full power to inves- 
tigate and review the decision of the county board of edu- 
cation. The decision of the state board of education shall 
be final. 

Sec. 25. In case the county supervisor shall have suf- 
ficient evidence at any time that any member of the dis- 
trict committee is not capable of discharging, or is not 
discharging, the duties of his ofiice, he shall bring the 
matter to the attention of the county board of education, 
which shall thoroughly investigate the charges, and shall 
remove said committeeman and appoint a successor if 
sufiicient evidence shall be produced to warrant his removal, 
and the best interests of the schools in his district demand it. 

Note. — The county board of education should not hesitate to 
remove any school committeeman when they have evidence that 
the best interest of the school demands it. 

Sec. 26. The provisions of this act shall not apply to 
any public school systems operating under special laws or 
charters. 

Sec. 27. That nothing contained in this act shall be 
construed to interfere with the adoption of text-books for 
the public schools by the county board of education, as is 
provided by law. 

Sec. 28. All laws and clauses of laws in conflict with 
this act are hereby repealed. 

Sec. 29. This act shall be in force from and after its 
ratification. 

In the general assembly read three times and ratified 
this 6th day of March, A. D. 1897. 



50 



CHAPTER 69, LAWS 1893. 

AN ACT TO REQUIRE THE COUNTY SUPERVISORS OF 
PUBLIC INSTRUCTION TO SECURE INFORMATION AS 
TO THE NUMBER OF DEAF, DUMB AND BLIND CHIL- 
DREN IN THEIR RESPECTIVE COUNTIES. 

The General Assembly of North Carolina do enact: 

Section 1. That it shall be the duty of the coiintv super- 
intendent of public instruction (county supervisor) to 
require of the school committee of the various school dis- 
tricts, in enumerating the number of school children, to 
make a statement in the report of the number of deaf, 
dumb and blind between the ages of six and twenty-one 
years, designating the race and sex, and the address of the 
parent or guardian of said children ; and the county super- 
intendents of public instruction (county supervisors) are 
hereby required to furnish such information to the princi- 
pals of the deaf, dumb and blind institutions, and the 
superintendent of public instruction, in preparing blanks 
as diiected in The Code^ section three thousand three hun- 
dred and seventy, shall include questions, answers to which 
will furnish the information aforesaid. 

Sec. 2. That this act shall be in fo^ce from and after its 
ratification. 

Ratified the 2d day of February, A. D. 1-893. 



CHAPTER 372, LAWS 1893. 

AN ACT TO CERTIFY AS TEACHERS IN THE PUBLIC 
SCHOOLS OF THE STATE THE GRADUATES OF PEA- 
BODY NORMAL COLLEGE OF NASHVILLE, TENNESSEE. 

The General Assembly of Worth Carolina do enact : 

Section 1. That the graduates from Peabody Normal 
College, Nashville, Tennessee, in the degree of Licentiate 



51 



of Instruction, and any higher degrees conferred by said 
institution, shall be recognized in this state as certified 
for life as teachers in any and all public schools. 

Sec. 2. That this privilege is subject to revocation by 
the state superintendent of public instruction, or by the 
state board of education, at his or their discretion, for 
cause. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 6th day of March, A. D. 1893. 

Note. — Any conduct which would be good cause for revoking a 
certificate granted to a teacher by a county examiner would be good 
cause for revoking the privilege granted by this act. Any county 
examiner or county board of commissioners having knowledge of 
such conduct by any graduate of said college, teaching in the state, 
will report the same, with proper proofs, to the state superinten- 
dent, or to the state board of education. 



Sections 12 and 13 of chapter 214, Laws of 1893, is 

PUBLISHED BELOW FOR THE INFORMATION OF THE PUBLIC 
AND THE GUIDANCE OF PUBLIC SCHOOL OFFICERS. 

Section 12. The county superintendents of health, or the 
board of health in the several cities and towns where organ- 
ized, otherwise the authorities of said cities or towns shall 
cause a record to be kept of all reports received in pur- 
suance of the preceding sections, and such records shall 
contain the names of all persons who are sick, the locali- 
ties in which they live, the diseases with which they are 
afliected, together with the date and names of all persons 
reporting any such cases. The boards of health of cities 
and towns wherever organized, and where not the mayors 
of the same, and in other cases the county superintendent 
of health, shall give the school committee of the city or 
town, the principals of private schools and the superin- 



52 



tendent of public instruction (county supervisor) of the 
county when the schools are in session, notice of- all such 
cases of contagious diseases reported to them according to 
the provisions of this act. A failure to perform this duty 
for twenty-four hours after the receipt of the notice shall 
be deemed a misdemeanor, and subject the delinquent upon 
conviction to a fine of not less than ten nor more than fifty 
dollars. 

Sec. 13. The school committeesof public schools, superin- 
tendents of graded schools, and the principals of private 
schools shall not allow any pupil to attend the school under 
their control while any member of the household to which 
said pupil belongs is sick of either small-pox, diphtheria, 
measles, scarlet fever, yellow fever, typhus fever or cholera, 
or during a period ot two weeks after the death, recovery or 
removal of such sick person ; and any pupil coming from 
such household shall be required to present to the teacher 
of the school the pupil desires to attend a certificate from 
the attending physician, city health ofticer or count}^ super- 
intendent of health of the facts necessary to entitle him to 
admission in accordance with the above regulations. A 
wilful failure on the part of any school committee to perform 
the duty required in this section shall be deemed a misde- 
meanor, and upon conviction shall subject each and every 
member of the same to a fine of not less than one nor more 
than twenty-five dollars : Provided^ that the instructions in 
accordance with theprovisions of this section, given to the 
teachers of the schools within twenty-four hours after the 
receipt of each and every notice, shall be deemed perform- 
ance of duty on the part of the school committee. Any 
teacher of a public school, and any principal of a private 
school, failing to carry out the requirements of this section, 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion shall be fined not less than one nor more than twenty- 
five dollars. 



53 



CHAPTEE 543, LAWS 1897. 

AN ACT FOR THE PROTECTION OF EDUCATIONAL AND 
OTHER INSTITUTIONS. 

The General Assemhly of North Carolina do enact : 

Section 1. That it shall be unlawful for any member of 
any board of directors, board of managers, board of trus- 
tees of any of the educational, charitable, eleemosynary or 
penal institutions of the state, or any member of any board 
of education, or any county or district superintendent or 
examiners of teachers, or any school trustee of any school 
or other institution supported in whole or in part, from any 
of the public funds of the state ; or any officer, agent, mana- 
ger, teacher, or employee of said boards to have any 
pecuniary interest, either directly or indirectly, proximately 
or remotely, in supplying any goods, wares or merchandise 
of any nature or kind whatsoever for any of said institu- 
tions or schools. 

]^or shall any of said officers, agents, managers, teachers 
or employees of said institution or school, or state or county 
officer act as agent for any manufacturer, merchant, dealer, 
publisher, or author for any article of merchandise to be 
used by any of said institutions or schools. 

Nor shall they receive, directly or indirectly, any gift, 
emolument, reward, or promise of reward, for their influ- 
ence in recommending.or procuring the use of any manu- 
factured article, goods, wares or merchandise of any nature 
or kind whatsoever, to any of the said institutions or 
schools. 

Any person violating the provisions of this act shall be 
forthwith removed from his position in the public service, 
and shall upon conviction be deemed guilty of a misde- 
meanor and fined not less than fifty dollars nor more than 
five hundred dollars, and be imprisoned in the discretion of 
the court. 

Sec. 2. This act shall be in force from and after its rati- 
ficatio;p. 



54 



APPENDIX. 



PLAN OF SCHOOL-HOUSE. 

3? 




This diagram shows the plan and size of a convenient school- 
room for 60 pupils, seated at doable desks. The school-room proper 
is 32 feet by 29 feet. 

A full-sized double desk occupies a floor space equal to 4 feet in 
front by 2i feet in rear. The side aisles are 3i feet wide ; inside 
aisles, 2 feet ; rear aisle, 3i feet. 

Double desks should be placed in every school-house. If the 
money is not in hand to purchase such as are offered by dealers in 
school furniture, very inexpensive ones can be made out of boards 
by any carpenter. Every pupil should not only have a comforta- 
ble seat, but every seat ought to have attached to it a writing- 
desk and a shelf for books. 

The plan of the house is easily understood, and bill of lumber 
can be made out by any workman. It contemplates five (5) win- 
dows in main room and two in the vestibule. 

represents location of chimney. 

D represents location of doors. 

T represents location of teacher. 

V represents vestibule, which it is very 'desirable to have as a 
place to deposit hats, cloaks, etc. 



55 



S represents spaces occupied by the double desks, 4 feet by 2i 
feet. 

The height of story should not be less than 12 feet ; each of the 
windows in the school-room should contain a glass surface of not 
less than 6 feet by 2^ feet, and should be placed not less than 8i 
feet from the floor. 

A chimney and fireplace are advised. The cost is not much 
more than the cost of a flue running through the roof, and the 
chimney is much safer. Besides, the chimney is very valuable as 
a ventilator, and it affords the draft for stove connections, if heat- 
ing by stove is preferred. The chimney should be built with a 
separate flue for stove. 

In case a stove is used, it should be surrounded, or partly sur- 
rounded, by sheet-iron to protect the pupils who sit near it from 
two great direct heat. 

The Box Frame is the simplest and cheapest style of building 
a house of sawed lumber, but it is not so comfortable as the ordi- 
nary framed house, weather- boarded and ceiled or plastered. The 
latter is specially recommended, because the ceiling or plastering 
furnishes excellent surface for hlackhoard. Perhaps most districts 
will find ceiling cheaper. 

The house should be located so that the chimney will be at the 
east end. If it is so located, there will be three windows on the 
north and only two on the southy and all favorably placed for 
pleasant lighting. There are other obvious reasons for placing 
the house east and west. 

At a few dollars more expense, the vestibule can be cut into two 
rooms, one of which may be used for male and the other for female 
pupils. It is desirable to have at least one private room. This 
arrangement will require two entrance doors instead of one. 

By a little crowding, 64 or 68. pupils can be accommodated in a 
house of this size. If more room is needed, all that is required is 
to extend the length of the house. Every 2i feet of extension will 
make room for 4 desks and 8 x:)upils. 

If it is found desirable to have another room to accommodate 
more pupils and an assistant teacher, it can be conveniently added 
to the east end of the house, and the same chimney can be used 
for stove connections. 

But whatever variations from this plan may be deemed advisa- 
able, it must ever be remembered that every pupil must lia'Ge a 
comfortable seat and writing facilities connected therewith. All 
good methods now recognize that little children must use slates, 
and learn to write while they are learning to spell and read in the 
elementary books. 



56 



FORM OF CONTRACT WITH TEACHER.. 

This memorandum of an agreement, entered into this day of 

, 18 , between , , , committee- 
men for District No , race, of county, N. C, and 

, a teacher holding a grade certificate. AVitnesseth: 

That the committee aforesaid agree to employ as a 

teacher of the public school in district race of... county, 

N. C, and to pay him at the rate of dollars per school month 

while he is conducting said school. And the said 

agrees faithfully to perform all the duties of a public school teacher 
in said district, and to keep a register according to law, and return 
it to the school committee at the close of the term. 

It is understood that this contract is made subject to the limita- 
tions and conditions of the public school law. The length of the 

term shall be months, but the school shall close whenever 

the apportionment is exhausted. 

In witness whereof, the said parties have hereunto set their 
hands the day and date above written. 



Committee. 



Signed in duplicate, each } 
party keeping a copy, f , Teacher. 



57 



Apportionment by State treasury, section 2535, 

by county treasury, sections 2551, 2552. 
Auditor to keep separate account of public school fund, section 
2536. 
on tax lists furnished commissioners to make seperate col- 
umns for school poll tax and school property tax and for 
white and colored polls, and white and colored property, 
section 9, chapter 199, Laws of 1889. 
Blanks furnished school committees by Secretary of Board of 

Education, section 2570. 
Books for public schools, by whom and when adopted, section 

2539, and section 41, chapter 199, Laws of 1889. 
Census of school children, when taken, section 2579. 

of deaf, dumb and blind children, taken by school commit- 
tee, chapter 69, Laws of 1893. 
Certificates, grading requisite for first and second grade, section 
2566, and section 41, chapter 199, Laws of 1889. 
county Supervisor may revoke for cause, section 11, chapter 

199, Laws of 1889. 
for life, chapter 372, Laws of 1893. See also charter Normal 

School, Greensboro, chapter 139, Laws of 1891. 
for three years, see chapter 120, Private Laws of 1893. 
Clerk of Courts, furnish lists of fines, etc., to county commission- 
ers, section 38, chapter 199, Laws of 1889. 
Committees, school, how elected, and how removed, section 2553. 
sign orders in their own handwriting, section 2553. Chapter 

108, section 25, Laws 1897. 
must sign all orders for school money for their districts, sec- 
tion 2555. 
may order additional studies taught in their schools, section 

2566. 
must take oath of office, section 2576. 
organize, when, section 2577. 
keep records of proceedings, section 2577. 
school, body corporate, with powers to transact all business 

pertaining to corporation, section 2578. 
conveyances to, shall be to them and their successors in 

office, section 2578. 
take census of school children, section 3579. 
take census of deaf, dumb and blind children, chapter 69, 
Laws 1893. 



58 



Committees, school, report school property and value thereof, 

section 2579. 
employ and dismiss teachers and fix salary of same, section 

2580. 
not to make contract with teachers to extend beyond term 

of office, section 2580. 
not to contract for more money than to credit of district for 

fiscal year, section 2580, and section 26, chapter 174, Laws 

of 1885. 
sign teacher's orders on proper report being made, section 

2581. 
receive or i3urchase sites for school houses, sections 2582, 2583. 
have care and custody of school houses, sites, books and 

other property belonging to the district, section 2582. 
sell sites deemed unnecessary for public school purposes, 

conditions of sale of same, etc., section 2588. 
to condemn sites when unable to purchase, section 2583. 
proceedings necessary to condemn, section 2583. 
deliver deeds to commissioners, section 2584. 
power to exclude immoral pupils, section 2588. 
power to admit pay students to public schools, section 2588. 
to contract with teacher of private school holding first grade 

certificate, section 2591. 
not to give order unless money actually to credit of dis- 
trict, section 26, chapter 174, Laws of 1885. 
may combine funds of district, chapter 108, section 22, Laws 

1897. 
must keep an account of all moneys received, chapter 108, 

section 16, 1897. 
must keep an account with each school in their district. 
must meet, chapter 108, section 13, Law^s of 1897. 
must apportion funds, chapter 108, section 13, 1897, employ 

teachers, section 13, chapter 108. 

County Board of Education, charged with general management 
of public school, section 2546. 

obey instructions of State Superintendent, section 2546. 

decide all contrgversies, questions, etc., section 2546. 

to institute and prosecute necessary actions, suits or pro- 
ceedings for recovery, etc., on moneys or property for pub- 
lic schools, obey the instructions of State Superintendent 
and accept his construction of the school law, section 2546. 

meetings, when held, section 2545. 

lay off school districts, sections 2549, 2550. 

apportion school funds, method of apportionment, sections 
2551, 2552. 



59 



County Board of Education, receive catalogue of teachers from 

supervisors, section 2572. 
require school committees to build comfortable school houses, 

section 28j chapter 174, Laws of 1.885. 
have deeds recorded, section 2584. 
exclude immoral pupils, section 2588. 
make estimate for four months school, section 2590, 
elect County Supervisor, chapter 108, section 7, Laws 1897. 
members, power to administer oaths to teachers and school 

officers, section 2576. 
punish for contempt, section 652 of The Code, which section 

follows section 2593 in the pamphlet, 
meet county tre^urer for settlement and approval of report 

to State Superintendent and direct same to be forwarded, 

section 19, chapter 199, laws of 1889. 
receive lists of fines, etc., from clerks of court, section 38, 

chapter 199, laws of 1889. 
allow pay to county Supervisor for clerical work in school 

matters, section 2575. 
county commissioners to elect county board of education, 

chapter 108, section 6, laws 1897. 

Day for official duty, falling on Sunday, duty performed on follow- 
ing day, section 20, chapter 199, laws of 1889, 

Days, twenty school days a month, section 2580. 

Deeds, blank furnished by County Treasurer to school commit- 
tees, section 2557. 

what kind necessary for school sites, section 2557. 

to be delivered to county board of education and recorded, 
section 2584. 

Districts, for schools, how laid off, sections 2549, 2550. 

Educational and other institutions, law for protection of, no offi- 
cer or teacher to supply same with goods, books, etc., 
chapter 543, laws of 1897. 

Examinations, how conducted and branches of study on which 
to be held, section 2566, and section 41, chapter 199, laws of 
1889. 
when held, section 2566. 

Fines, with penalties and forfeitures, belong to county school 
fund, section 2544. 
list furnished by court clerks to board of commissioners, sec- 
tion 38, chapter 199, laws of 1889. 

Oaths, by whom administered, section 2576. 



60 



Orders, on county treasurer, how issued, section 2555. 

for maps, charts, etc., not valid unless approved by county 

Supervisors, section 2555. 
when not to be issued, section 26, chaj^ter 174, laws of 1885. 

Register of Deeds, to furnish county board of education with 
abstracts of tax lists, section 21, chapter 199, laws of 1889. 

Right, of child to attend white school or colored school, how fixed, 
section 42, chapter 199, laws of 1889. 

Secretary of State, to furnish laws to county commissioners, sec- 
tion 27, chapter 174, laws of 1885. 

Sheriffs, pay school funds to county treasurers in money only, sec- 
tion 2563. 

Sheriffs, to take duplicate receipts from county treasurers for 
school funds, send one receipt to state auditor, one to 
chairman board education, section 2564. 

Sheriff, in paying school money to county treasurer to itemize as 
required by section 2560 of school law, section 8, chapter 
199, laws of 1889. 

School fund, what paid to state treasurer, section 2543. 
what paid to county treasurer, section 2544. 

School fund of county, sources from which derived, section 2544. 

School, public, defined, section 2588. 

who may attend, section 2588. 

privace contract with teacher of, by public school commit- 
tee, section 2581. 

to disturb meeting for, to injure house, a misdemeaner, sec- 
tion 2592. 

year, when to begin, section 2587, and section 1, chapter 199, 
laws of 1889. 

month, twenty days, section 2580. 

session at same time, section 24, chapter 199, laws of 1889. 

no public, to be in session at close of school year, section 
24, chapter 199, laws of 1889. 

sites, how acquired, sections 2582, 2583. 

houses, plans for to be furnished by commissioners to school 
committee, section 38, chapter 174, law^s of 1889. 

protection of public and other, chapter 543, Laws of 1897. 

Solicitors of the several judicial districts,, criminal and inferior 
courts, to prosecute for penalties, etc., section 2544. 



Q[ 



State board of examiners, how appointed, chapter 108, section 1, 

Laws of 1897. 
shall prepare and recommend courses of study for teachers, 

chapter 108, section 2, laws of 1897. 
to grant life certificates, chapter 108, section 3, Laws 1897. 

State Superintendent of Public Instruction, duties, sections 2540, 

2541, 2542. 
to furnish blanks to county school officers, section 2570. 
shall report incompetent Supervisors to county board of 

education, 
to call meeting' of state examiners, chapter 108, section 4, 

laws of 1897. 
expenses of state =board of examiners, same section, 
clerk to, section 2593. 

Studies, to be taught in public school, section 25G6, and chapter 
169, laws 1891. 
school committees may arrange for additional, section 2566. 

Supervisor, how appointed, section 2548. 

shall report incompetent committeeman, chapter 108, section 
25, laws of 1897. 

by whom and when appointed, section 2548. 

to examine teachers, sections 2548, 2566, and section 41, chap- 
ter 199, laws of 1889. 

examination, to be public, section 2566. 

paid by fees from applicants, section 2566. 

deliver catalogue of teacher to board of education, section 
2572. 

revoke certificates, section 11, chapter 199, laws of 1889. 

board of education must record proceedings thereof, sections 
2548, 2565. 

to disiribute blanks to school committees, section 2570. 

report school statistics to State Superintendent, section 2573. 

record liis report to State Superintendent, section 2574. 

pay for all work in school matters, section 2575. 

receive census report from school committees, section 2579. 

receive report from teachers public schools, section 2586. 
Tax, school, levied by the general assembly, section 2589, note. 

levied by county commissioners, section 2590. 

special, for schools, election to be ordered by county commis- 
sioners in certain counties, sections 2654, 2655. 
all districts (townships) may vote special, chapter 421, Laws 

1897. 
Tax list, separate for school, poll and school property tax to be 
made by State Auditor, section 9, chapter 199, LaAvs of 1889. 



62 



Teacher's certificates, standard for first grade, second grade, sec- 
tion 2566. 
Teachers, salary, section 2580. 

salary, maximum for first grade fixed by county board of 
education, section 2580. 

employment of, by school committees, section 2580. 

to render statement number pupils, etc., section 2581. 

may dismiss pupils, for what cause ; ma^y punish pupils, sec- 
tion 2585 and note thereunder. 

to keep record of school and report, section 2586. 

of any school supported by public funds to report to State 
Superintendent when required, section 24, chapter 174, 
Laws of 1885. 

how to qualify to orders for salary, section 12, chapter 199, 
Laws of 1889. 

maximum salary for dilTerent grades, section 2580. 

not to be employed without certificate, soction 2580. 
Teacher, to be examined on " Theory and Practice, '^ section 41, 

chapter 199, Laws of 1889. 
Text-books, county commissioners to adopt for public schools, sec- 
tion 2539. 

on theory and practice adopted by State Superintendent, 
section 41, chapter 199, Laws of 1889. 

Treasurer of county, to be treasurer of the school funds of the 
county, section 2554. 

bond, to whom given, how executed, section 2554. 

bond may, when necessary, be required to be strengthened 
by county commissioners, said commissioners guilty of mis- 
demeanor for failing to so strengthen, section 2554 ; section 
4, chapter 199, Laws of 1889. 

compensation of, section 25, chapter 174, Laws of 1885. 

to pay school orders only when countersigned by County 
Supervisor, section 2555. 

Treasurer of county, when to pay orders for building or repairing 
school houses, section 2555. 

to keep books, section 2556 ; section 5, chapter 199, Laws of 
1889. 

to balance his accounts, when, section 5, chapter 199, Laws of 
1889. 

furnish blank deeds to school committees, section 2557. 

produce books and voucher for examination, Avhen, section 
2559. 

exhibit all school funds to county board of education at reg- 
ular settlement, section 2559. 



63 



Treasurer of county, report to State Superintendent, what report 
to contain, section 2500. 

to keep book, receive nion^y only, book, how to be kept, sec- 
tion 2561. 

penalty for failing to report to State Superintendent, section 
2562. 

Treasurer, to attend at office of county board of education for pay- 
ment school orders, section 25, chapter 174, Laws of 1885. 

to meet board for settlement and report, section 19, chapter 
199, laws of 1889. 

term of office expiring", must turn over books, report, etc., 
section 26, chapter 199, Laws of 1889. 

to deposit books on expiration of term of office, section 27, 
chapter 199, Laws of 1889. 

of State to pay warrants for school funds to county treas- 
urers, section 2538. 

Warrants, for apportionment of school fund from State Treasury, 
how issued, section 2537. 

MISCELLANEOUS. 

Notice of contagious diseases to be given to school committees, 
teachers, public and private, and to school officers by 
county, city and town health officers, sections 12, 13, chap- 
ter 214, Laws of 1993, printed in this pamphlet. 

Nature and effects of alcoholic drink and narcotics on the human 
system to be taught in all public schools, teachers to be 
examined on the same, chapter 169, Laws of 1891. 

County commissioners will adopt text-books on the above subjects 
when other books are adopted. 



APPENDIX. 



Plan of school house. 
Form of teacher's contract. 



K 



